Latest news with #Bohacek
Indianapolis Star
2 days ago
- Politics
- Indianapolis Star
Indiana State Sen. Bohacek allowed to continue driving while OWI case moves through courts
PORTAGE — Porter County Superior Court 6 Judge Jeffrey Thode granted Indiana District 8 State Sen. Mike Bohacek, R-Michiana Shores, his request to be allowed to continue driving until a decision is reached in his operating while intoxicated case. Thode ordered Bohacek on May 18 to use an ignition interlock device to be installed on his vehicle. That will require Bohacek to blow into a tube for his car to start, but the ignition will not turn if the device detects alcohol on his breath. He's charged in a summons with OWI as a Class A misdemeanor after police stopped him Jan. 24 in Michigan City. Bohacek's alleged blood alcohol level was more than three times the .08 percent limit, but he wasn't arrested right away because the Indiana constitution prohibits state lawmakers from being taken into custody while the Indiana General Assembly is in session, except for treason, a felony or breach of peace. The 2025 legislative session began in early January and ended in late April. Bohacek, a republican from Michiana Shores, represents all of Starke County, most of LaPorte and Marshall counties, and the western edge of St. Joseph County. Thode could have ordered an immediate suspension of Bohacek's license, but he sided with written arguments from defense attorney David Payne that such action would have created 'substantial hardship' on Bohacek and his family. The judge's decision came after he granted a motion from Bohacek to waive his right for an initial hearing in the case. In most cases, defendants appear for their initial hearings and are read their rights and given a verbal explanation of the allegations behind the charges. Defendants are given an opportunity to ask questions before a preliminary plea of not guilty is entered on their behalf by the court. In Bohacek's case, the judge granted Payne's written motion for a preliminary not guilty plea. Thode agreed to preside over the case after all of the judges in LaPorte County recused themselves to avoid any appearance of political impropriety. The Porter County Prosecutor's office is trying the case at the request of LaPorte County Prosecutor Sean Fagan for the same reason. Police were called Jan. 24 to the Panda Express restaurant in the 5200 block of Franklin Street in Michigan City after witnesses described a man stumbling out of his vehicle and appearing intoxicated while ordering food. Officers arrived at the restaurant and were told the man left the restaurant in a 2023 Dodge Charger with an Indiana State Senator license plate attached to it, according to prosecutors, who reported an officer soon saw the vehicle turn right onto U.S. 20. Police stopped him on an accusation of traveling 62 in a 45 miles-per-hour zone, police said. Police described Bohacek as having red, watery and bloodshot eyes, and when asked if he had been drinking alcohol, Bohacek denied it, telling the officer in slurred speech he was coming back from Indianapolis and was short on sleep, according to an affidavit filed with the court. At one point, Bohacek, while still seated in his vehicle, began eating food and consuming a drink but stopped at the direction of the officer, police said. Police said Bohacek later spilled some of his food and beverage over his shirt and pants before refusing a certified roadside blood alcohol test. He was taken to a hospital, where a sample of blood was taken from his arm, police said. The officer gave Bohack a ride home and informed him that a warrant for his arrest would be sought once the legislative session was over, according to a probable cause affidavit, The sample later tested by the Indiana State Department of Toxicology in Indianapolis contained a .283 percent blood alcohol content.
Yahoo
10-06-2025
- Politics
- Yahoo
Republican Indiana Sen. Mike Bohacek still driving as DUI case stalls
Sen. Mike Bohacek, R-Michiana Shores, speaks on the Indiana Senate floor on Thursday, Jan. 18, 2024. (Leslie Bonilla Muñiz/Indiana Capital Chronicle) Indiana Sen. Mike Bohacek is still legally driving more than five months after an alleged drunken driving incident in Michigan City, and the Republican lawmaker has asked to keep his license — so long as he installs an alcohol-monitoring device in his car, according to new court documents. The June 5 motion, filed in LaPorte Superior Court by Bohacek's Michigan City-based attorney, David Payne, requests the installation of an ignition interlock device, or IID, as an alternative to license suspension. Under Indiana law, courts can order such devices in lieu of suspending driving privileges when someone is charged with operating while intoxicated, if doing so would cause a hardship. Bohacek also refused a breathalyzer test during the traffic stop. Payne argued that suspension of Bohacek's license would impose 'a substantial hardship' on the senator and his family. Indiana GOP Sen. Mike Bohacek charged with DUI months after incident There was no ruling on the request as of Monday afternoon. The case remains without a judge, and legal proceedings have been stalled for weeks due to multiple judicial recusals. Three special judges, all in LaPorte County, opted out from the case one after another. Then, all the judges and magistrates of LaPorte County filed a motion saying they collectively 'have a conflict herein and they all hereby recuse themselves in this cause of action.' Judge Jeffrey L. Thode of the Superior Court in neighboring Porter County, was assigned the case last week but has not yet accepted, according to the state's online court portal. A special prosecutor from Porter County is handling the matter. The underlying charges, filed May 15, stem from a Jan. 24 incident in Michigan City, after a citizen reported seeing Bohacek 'drinking an open container and stumble out of his vehicle' in a Panda Express parking lot, according to charging documents obtained by the Indiana Capital Chronicle. Police later located and pulled him over near Swan Lake Cemetery along U.S. 20. He was taken to a hospital, where a blood test revealed a blood alcohol concentration of 0.28% — more than three times the legal limit in Indiana. But Bohacek wasn't arrested at the time. Under Indiana law, members of the General Assembly are shielded from arrest in most cases during the legislative session — a protection known as legislative immunity. That meant Bohacek's case was kept sealed and the senator remained uncharged for months. The incident did not become public until last week when reporters began asking for details. Court records show Bohacek was formally charged with three misdemeanors: operating a vehicle with an alcohol concentration equivalent of 0.15% or more; operating a vehicle while intoxicated endangering a person; and operating a vehicle while intoxicated. CONTACT US Bohacek's license has not been suspended. Typically, Indiana law requires a license suspension following a court's finding of probable cause in DUI cases, as well as when a person refuses a breathalyzer test. But without a sitting judge, that process has stalled. Bohacek has not commented publicly on the case. Senate President Pro Tem Rodric Bray, R-Martinsville, didn't specify when he learned about the incident or if any disciplinary action was taken during the 2025 legislative session, or since adjournment. 'I was extremely disappointed to hear this news, and I expressed my disappointment to Sen. Bohacek,' Bray said in a statement. 'Our Senate Rules make clear members are to be held to high standards, and this does not meet that standard. Here in Indiana, nobody is above the law. I will be monitoring this case as it goes forward and our legal system does its work, after which I will consider any next steps.' Bohacek, who represents portions of LaPorte, St. Joseph and Starke counties, has served in the Indiana Senate since 2016. He most recently served on the Corrections and Criminal Law, Health and Provider Services, and Local Government committees. Since charges were filed against Bohacek, details have emerged about a similar case involving Rep. Jason 'Beau' Baird, R-Greencastle, who was arrested in 2018 for operating while intoxicated in Lafayette during his first campaign for office. Baird pleaded guilty to OWI and later accepted a plea agreement in 2019, after taking office. But court records show the representative's name was misspelled as 'Jason Bean Baird' rather than 'Jason Beau Baird,' making the case more difficult to locate in public searches. The Tippecanoe County Prosecutor's office did not respond to the Capital Chronicle's request for comment about the misspelled name. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
03-06-2025
- Health
- Yahoo
Indiana State Senator's OWI charges delayed due to legislative immunity
State Sen. Mike Bohacek faces charges after allegedly stumbling out of his car after drinking alcohol inside his car at a Michigan City Panda Express in January, but the charges were only recently filed because of legislative immunity. The Indiana Constitution states that legislators are 'privileged from arrest' during the legislative session except for treason, felony or breach of the peace. The 2025 legislative session started Jan. 8 and ended April 24, and Bohacek was arrested Jan. 24. Bohacek, R-Michiana Shores, faces misdemeanor charges of operating while intoxicated and two additional misdemeanor OWI charges for a blood alcohol content above 0.15 and endangerment, according to the probable cause affidavit. Porter County Prosecutor Gary Germann was appointed as the special prosecutor in the case. In an email Monday, Germann said the charges have not yet been approved by a judge, but that will likely occur in the next couple of days. He declined to comment further citing the pending litigation. A witness told police officers that Bohacek drank from 'an open container' and stumbled out of his vehicle at Panda Express in Michigan City around 3:30 p.m. Jan. 24, according to the affidavit. When officers arrived, they observed Bohacek with food on his clothes, poor balance and quiet, slow speech. Officers also reported that Bohacek had red, watery and bloodshot eyes and that he staggered from his black Dodge Charger, according to the affidavit. A blood test performed at about 4:30 p.m. Jan. 24 found that Bohacek's blood alcohol content was 0.283, according to the affidavit. Bohacek told police officers he took his prescription Tramadol before driving, according to the affidavit. Tramadol is a synthetic opioid used to treat moderate to moderately severe pain, including pain after surgery, according to the Mayo Clinic. When reached by the Post-Tribune Tuesday, Bohacek expressed surprise that he could be charged months after the fact, but declined to comment further. State Rep. Jim Lucas, R-Seymour, pleaded guilty to two misdemeanor counts of operating a motor vehicle while intoxicated and leaving the scene of an accident in June 2023. Former State Rep. Daniel Forestal, D-Indianapolis, faced charges before his resignation in 2020 for drunken driving. He had also faced charges for battery of a public safety official, resisting law enforcement and disorderly conduct and accusations of using his political campaign's bank account for personal use, like online gambling, in separate events beginning in 2019. Forestal, who was open about his mental health struggles, died in 2021. Responding to a wellness check at an Indianapolis hotel, police found Forestal, 38, deceased. akukulka@
Chicago Tribune
03-06-2025
- Health
- Chicago Tribune
Indiana State Senator's OWI charges delayed due to legislative immunity
State Sen. Mike Bohacek faces charges after allegedly stumbling out of his car after drinking alcohol inside his car at a Michigan City Panda Express in January, but the charges were only recently filed because of legislative immunity. The Indiana Constitution states that legislators are 'privileged from arrest' during the legislative session except for treason, felony or breach of the peace. The 2025 legislative session started Jan. 8 and ended April 24, and Bohacek was arrested Jan. 24. Bohacek, R-Michiana Shores, faces misdemeanor charges of operating while intoxicated and two additional misdemeanor OWI charges for a blood alcohol content above 0.15 and endangerment, according to the probable cause affidavit. Porter County Prosecutor Gary Germann was appointed as the special prosecutor in the case. In an email Monday, Germann said the charges have not yet been approved by a judge, but that will likely occur in the next couple of days. He declined to comment further citing the pending litigation. A witness told police officers that Bohacek drank from 'an open container' and stumbled out of his vehicle at Panda Express in Michigan City around 3:30 p.m. Jan. 24, according to the affidavit. When officers arrived, they observed Bohacek with food on his clothes, poor balance and quiet, slow speech. Officers also reported that Bohacek had red, watery and bloodshot eyes and that he staggered from his black Dodge Charger, according to the affidavit. A blood test performed at about 4:30 p.m. Jan. 24 found that Bohacek's blood alcohol content was 0.283, according to the affidavit. Bohacek told police officers he took his prescription Tramadol before driving, according to the affidavit. Tramadol is a synthetic opioid used to treat moderate to moderately severe pain, including pain after surgery, according to the Mayo Clinic. When reached by the Post-Tribune Tuesday, Bohacek expressed surprise that he could be charged months after the fact, but declined to comment further. State Rep. Jim Lucas, R-Seymour, pleaded guilty to two misdemeanor counts of operating a motor vehicle while intoxicated and leaving the scene of an accident in June 2023. Former State Rep. Daniel Forestal, D-Indianapolis, faced charges before his resignation in 2020 for drunken driving. He had also faced charges for battery of a public safety official, resisting law enforcement and disorderly conduct and accusations of using his political campaign's bank account for personal use, like online gambling, in separate events beginning in 2019. Forestal, who was open about his mental health struggles, died in 2021. Responding to a wellness check at an Indianapolis hotel, police found Forestal, 38, deceased.
Yahoo
02-06-2025
- Health
- Yahoo
Indiana GOP Sen. Mike Bohacek charged with DUI months after incident
Sen. Mike Bohacek, right, talks to Sen Greg Walker, R-Columbus, on the Senate floor on Jan. 23, 2025. (Whitney Downard/Indiana Capital Chronicle) Charges are pending against Republican Indiana Sen. Mike Bohacek for a January drunk driving incident that remained under wraps for months — shielded by legislative immunity during the 2025 session. Bohacek, of Michiana Shores, was stopped by police on Jan. 24 after a citizen reported him 'drinking an open container and stumble out of his vehicle' at a Panda Express in Michigan City, according to charging documents obtained by the Indiana Capital Chronicle. He was later pulled over near Swan Lake Cemetery on U.S. 20, where he refused a breathalyzer test. Police then took him to a hospital, where a blood test showed a blood alcohol content of 0.28% — more than three times Indiana's legal limit of 0.08%. But Bohacek wasn't arrested at the time. Under Indiana law, members of the General Assembly are shielded from arrest in most cases during the legislative session — a protection known as legislative immunity. That meant Bohacek's case was kept sealed and the senator remained uncharged for months. Porter County Prosecutor Gary Germann, appointed as special prosecutor in the case, said the charges were filed shortly after his office was appointed in May but they weren't made public until Monday afternoon. Two other judges recused themselves and the current Special Judge is LaPorte Circuit Judge Julianne K. Havens. Bohacek did not respond to the Capital Chronicle's requests for comment. A Senate communications staffer also declined to comment, saying the incident 'falls into the 'personal matter' category.' Anonymous rumors about the incident circulated online after the January incident, but details were not publicly disclosed until Monday. Charging documents provided by Germann show that Bohacek was stopped by a Michigan City police officer just before 3:30 p.m. on Jan. 24, a Friday. The senator was allegedly speeding while driving a 2023 Dodge Charger bearing his Indiana legislative license plate. The officer at the scene claimed Bohacek's speech was quiet and slow; that his eyes were 'red, watery (and) bloodshot,' and that he had poor balance and staggered from his vehicle. Charging records additionally note that he was 'covered in food.' Panel advances 15-and-under social media ban Bohacek 'admitted to consuming his prescription medication Tramadol as prescribed prior to driving.' Tramadol is a prescription opioid pain medication used to treat moderate to moderately severe pain, often after surgery or for chronic conditions, according to the Mayo Clinic. After refusing a breathalyzer, the senator's blood was drawn at around 4:30 p.m. the same day at Northwest Health Hospital in LaPorte. Results of that test later indicated a blood alcohol content of 0.283%, and no drugs present, according to the charging paperwork. Bohacek was back taking votes in the Indiana Senate chamber the following Monday. Online court records show Bohacek had several prior traffic citations, including ignoring a stop sign; speeding; and driving the wrong direction on a one-way. Bohacek was first elected to the Indiana Senate in November 2016. He represents District 8, which includes Starke County, as well as portions of LaPorte, Marshall, and St. Joseph counties. He most recently served on the Corrections and Criminal Law, Health and Provider Services, and Local Government committees. Before joining the General Assembly, Bohacek served as a two-term LaPorte County Commissioner and was a member of the Michiana Shores Town Council. He additionally works as an enterprise consultant with Echo Global Logistics and owns MSL Services Inc., a company based in Michiana Shores, according to his legislative biography. A specific section in the Indiana Constitution states that lawmakers are immune from arrest during session in all cases except treason, felony, or breach of the peace during the legislative session, as well as while traveling to and from the Indiana Statehouse. The most recent session started on Jan. 8 and adjourned on April 25. Bohacek's charges add to a series of other alcohol-related incidents involving separate Indiana lawmakers. CONTACT US In May 2023, Republican Rep. Jim Lucas was arrested after crashing his vehicle into a guardrail and driving the wrong way on an interstate entrance ramp. Lucas, of Seymour, pleaded guilty to operating a vehicle while intoxicated and leaving the scene of an accident, both misdemeanors. He received a suspended sentence, was placed on probation, and was removed from interim legislative committee assignments. Lucas was reelected for a seventh term last November. Before that, Democratic Rep. Dan Forestal was arrested in 2019 for operating a vehicle while intoxicated, resisting law enforcement, and impersonating a public servant. Forestal, of Indianapolis, died in 2021 after his legislative tenure had ended. In 2009, former Democratic Rep. Dennie Oxley was arrested for misrepresenting himself as a state legislator to avoid arrest for public intoxication and was later convicted. Oxley claimed legislative immunity at the time of the incident, even though he was no longer an elected representative. And in 2002, Republican Sen. Johnny Nugent was arrested for DUI with a blood alcohol content of 0.13%. Voters repeatedly re-elected Nugent until he retired from the Indiana Senate in 2014. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
